Walton Charity and our trees

Common Law rights regarding trees on neighbouring land

• Property owners are allowed to remove branches that cross over onto their property from a neighbouring property or piece of land, without the permission of the tree owner. Branches or roots that ‘trespass’ across legal boundaries can be lawfully removed back to the boundary only, and not beyond.

• Property owners or occupiers are not permitted to cross over the boundary to remove branches or access/climb onto the tree without the tree owner’s permission. Crossing over the boundary to remove branches or gain access to a tree without the owner’s permission could be interpreted as trespass.

It is recommended that where possible the two neighbours involved communicate with each other to prevent unnecessary confrontation or misunderstandings before any pruning works.

All branches and arisings (cut wood) that cross over a boundary line are still the property of the tree owner and must be offered back to them if removed. The tree owner is not obliged to accept the branches or arisings from the person that has removed them. If the tree owner does not accept them then they must be disposed of in a responsible way (not throwing them over the fence).

The oak processionary moth (OPM) (Thaumetopoea processionea) was accidentally introduced into England in 2005. It lives on oak trees and poses a risk to human and animal health. It is present in the South East of England and in Elmbridge.

Health risks

It's important not to come into contact with OPM caterpillars, hairs or nests as their tiny hairs can cause skin rashes and less frequently eye and throat irritations and breathing difficulties in people and animals. Pets must be kept away from the nests and caterpillars.

May to July is the greatest risk period when the caterpillars are most numerous.

If you come into contact with the larvae or caterpillars by accident, follow the health advice about dealing with caterpillar hairs on NHS: Inset bites and stings - treatment. If you have an itching skin rash, conjunctivitis or other symptoms, contact your GP or call NHS 111.

What to do if you spot OPMs

If you think you've seen any processionary nests or caterpillars, first make sure you have correctly identified the species:

• see Forest Research: oak processionary moth

• watch this short video - oak processionary moth: YouTube

Reporting oak processionary moth (OPM) sightings

If you have concerns about our trees, please let us know by emailing greenspaces@waltoncharity.org.uk with the location and description of the tree, as well as pictures if possible, and we will assess the appropriate course of action.

You can also report cases on private land using the Forest Research Tree Alert. Alternatively you can email opm@forestrycommission.gov.uk or call 0300 067 772.

If you have identified a dead or diseased tree that is on our land, please let us know by sending the following details to greenspaces@waltoncharity.org.uk:

• your name and contact details

• location of the dangerous tree

• short description e.g., fallen/diseased tree

• photographs if possible

Our green spaces are NOT to be used for green or any other types of waste. This includes fly-tipping and/or dumping. If you witness anyone fly-tipping, please report it to Elmbridge Borough Council and Walton Charity at greenspaces@waltoncharity.org.uk

Please be aware that fly-tippers could be fined up to £1,000, with higher fines possible, according to government legislation.

If you are interested in planting and maintaining trees, please contact the Elmbridge tree wardens:

Email: elmbridge@surreytreewardens.org.uk

Facebook: https://www.facebook.com/elmbridgetreewardens/

Website: https://www.surreytreewardens.org.uk/members/elmbridge/

We have many activities that use our green spaces and woodlands, and regularly introduce new projects. You can read more about what is currently being run below:

Rewilding Forest School run sessions for children

Guided Wellbeing run sessions for adults

Walton Charity runs a community allotment.

Our four allotment sites are managed by the Walton Allotments Association. If you are interested in renting an allotment, you can apply online.

We are currently looking for new groups that are interested in using our growing spaces. If you want to find out more, email greenspaces@waltoncharity.org.uk

If you are interested in an annual wayleave* agreement please email admin@waltoncharity.org.uk. Please include your address.

*A wayleave agreement is a contractual permission or licence to do something on another’s property. The permissions given to the beneficiary prevents the permitted act from being a trespass. A wayleave is not an interest in land. There is an annual wayleave payment payable to Walton Charity, which is regularly reviewed.

If your question hasn’t been answered above, please email greenspaces@waltoncharity.org.uk. If the query concerns one of our trees, please send a picture of the problem tree and its full address.

Our inbox is monitored regularly, so you can expect a response within 3 working days.